{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-4109.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-4109.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-4109.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-4109.html"}],"law_id":61549,"edition_id":1,"section_id":61549,"structure_id":15457,"section_number":"58.1-4109","catch_line":"Submission of preferred casino gaming operator by eligible host city; application for operator’s license; penalty","history":"2020, cc. 1197, 1248; 2021, Sp. Sess. I, c. 7.","full_text":"A\n\nIf a majority of those voting in a referendum held pursuant to § 58.1-4123 vote in the affirmative, the eligible host city shall certify its preferred casino gaming operator and submit such certification to the Department within 30 days.B\n\nAny preferred casino gaming operator desiring to operate a casino gaming establishment shall file with the Department an application for an operator’s license. Such application shall be filed at the place prescribed by the Department and shall be in such form and contain such information as prescribed by the Department, including but not limited to the following:1\n\nThe name and address of such person; if a corporation, the state of its incorporation, the full name and address of each officer and director thereof, and, if a foreign corporation, whether it is qualified to do business in the Commonwealth; if a partnership or joint venture, the name and address of each general partner thereof; if a limited liability company, the name and address of each manager thereof; or, if another entity, the name and address of each person performing duties similar to those of officers, directors, and general partners;2\n\nThe name and address of each principal and of each person who has contracted to become a principal of the applicant, including providing management services with respect to any part of gaming operations; the nature and cost of such principal’s interest; and the name and address of each person who has agreed to lend money to the applicant;3\n\nSuch information as the Department considers appropriate regarding the character, background, and responsibility of the applicant and the principals, officers, and directors of the applicant;4\n\nA description of the casino gaming establishment in which such gaming operations are to be conducted, the city where such casino gaming establishment will be located, and the applicant’s capital investment plan for the site. The Board shall require such information about a casino gaming establishment and its location as it deems necessary and appropriate to determine whether it complies with the minimum standards provided in this chapter and whether gaming operations at such location will be in furtherance of the purposes of this chapter;5\n\nSuch information relating to the financial responsibility of the applicant, including the applicant’s financing plan for the casino gaming establishment, and the applicant’s ability to perform under its license as the Department considers appropriate;6\n\nIf any of the facilities necessary for the conduct of gaming operations are to be leased, the terms of such lease;7\n\nEvidence of compliance by the applicant with the economic development and land use plans and design review criteria of the local governing body of the city in which the casino gaming establishment is proposed to be located, including certification that the project complies with all applicable land use ordinances pursuant to Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2;8\n\nSuch information necessary to enable the Department to review the application based upon the best financial interests of the Commonwealth;9\n\nSuch information necessary to enable the Department to authorize on-premises mobile casino gaming pursuant to Article 11 (§ 58.1-4131 et seq.);10\n\nSubmission of the following: (i) a minority investment plan disclosing any equity interest owned by a minority individual or minority-owned business or the applicant’s efforts to seek equity investment from minority individuals or minority-owned businesses and (ii) a plan for the participation of minority individuals or minority-owned businesses in the applicant’s purchase of goods and services related to the casino gaming establishment. As used in the subdivision, “minority individual” and “minority-owned business” mean the same as those terms are defined in § 2.2-1604; and11\n\nAny other information that the Department in its discretion considers appropriate.C\n\nA nonrefundable application fee of $50,000 shall be paid for each principal at the time of filing to defray the costs associated with the background investigation conducted for the Department. If the reasonable costs of the investigation exceed the application fee, the applicant shall pay the additional amount to the Department. The Board may establish regulations calculating the reasonable costs to the Department in performing its functions under this chapter and allocating such costs to the applicants for licensure at the time of filing.D\n\nAny license application from an Indian tribe as described in subsection D of § 58.1-4107 shall certify that the material terms of the relevant development agreements between the Indian tribe and any development partner have been determined in the opinion of the Office of General Counsel of the National Indian Gaming Commission after review not to deprive the Indian tribe of the sole proprietor interest in the gaming operations for purposes of federal Indian gaming law.E\n\nAny application filed hereunder shall be verified by the oath or affirmation of the applicant. Any person who knowingly makes a false statement on an application is guilty of a Class 4 felony.F\n\nThe licensed operator shall be the person primarily responsible for the gaming operations under its license and compliance of such operations with the provisions of this chapter.G\n\nThe Department may use or rely on any application, supporting documentation, or information submitted pursuant to § 58.1-4032, in reviewing and verifying an application submitted pursuant to this chapter.","order_by":null,"text":{"0":{"id":224752,"text":"If a majority of those voting in a referendum held pursuant to § 58.1-4123 vote in the affirmative, the eligible host city shall certify its preferred casino gaming operator and submit such certification to the Department within 30 days.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":224753,"text":"Any preferred casino gaming operator desiring to operate a casino gaming establishment shall file with the Department an application for an operator’s license. Such application shall be filed at the place prescribed by the Department and shall be in such form and contain such information as prescribed by the Department, including but not limited to the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":224754,"text":"The name and address of such person; if a corporation, the state of its incorporation, the full name and address of each officer and director thereof, and, if a foreign corporation, whether it is qualified to do business in the Commonwealth; if a partnership or joint venture, the name and address of each general partner thereof; if a limited liability company, the name and address of each manager thereof; or, if another entity, the name and address of each person performing duties similar to those of officers, directors, and general partners;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":224755,"text":"The name and address of each principal and of each person who has contracted to become a principal of the applicant, including providing management services with respect to any part of gaming operations; the nature and cost of such principal’s interest; and the name and address of each person who has agreed to lend money to the applicant;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":224756,"text":"Such information as the Department considers appropriate regarding the character, background, and responsibility of the applicant and the principals, officers, and directors of the applicant;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":224757,"text":"A description of the casino gaming establishment in which such gaming operations are to be conducted, the city where such casino gaming establishment will be located, and the applicant’s capital investment plan for the site. The Board shall require such information about a casino gaming establishment and its location as it deems necessary and appropriate to determine whether it complies with the minimum standards provided in this chapter and whether gaming operations at such location will be in furtherance of the purposes of this chapter;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":224758,"text":"Such information relating to the financial responsibility of the applicant, including the applicant’s financing plan for the casino gaming establishment, and the applicant’s ability to perform under its license as the Department considers appropriate;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":224759,"text":"If any of the facilities necessary for the conduct of gaming operations are to be leased, the terms of such lease;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":224760,"text":"Evidence of compliance by the applicant with the economic development and land use plans and design review criteria of the local governing body of the city in which the casino gaming establishment is proposed to be located, including certification that the project complies with all applicable land use ordinances pursuant to Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":224761,"text":"Such information necessary to enable the Department to review the application based upon the best financial interests of the Commonwealth;","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":224762,"text":"Such information necessary to enable the Department to authorize on-premises mobile casino gaming pursuant to Article 11 (§ 58.1-4131 et seq.);","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"B10"},"11":{"id":224763,"text":"Submission of the following: (i) a minority investment plan disclosing any equity interest owned by a minority individual or minority-owned business or the applicant’s efforts to seek equity investment from minority individuals or minority-owned businesses and (ii) a plan for the participation of minority individuals or minority-owned businesses in the applicant’s purchase of goods and services related to the casino gaming establishment. As used in the subdivision, “minority individual” and “minority-owned business” mean the same as those terms are defined in § 2.2-1604; and","type":"section","prefixes":["B","10"],"prefix":"10","entire_prefix":"B10","prefix_anchor":"B10","level":2,"prior_prefix":"B9","next_prefix":"B11"},"12":{"id":224764,"text":"Any other information that the Department in its discretion considers appropriate.","type":"section","prefixes":["B","11"],"prefix":"11","entire_prefix":"B11","prefix_anchor":"B11","level":2,"prior_prefix":"B10","next_prefix":"C"},"13":{"id":224765,"text":"A nonrefundable application fee of $50,000 shall be paid for each principal at the time of filing to defray the costs associated with the background investigation conducted for the Department. If the reasonable costs of the investigation exceed the application fee, the applicant shall pay the additional amount to the Department. The Board may establish regulations calculating the reasonable costs to the Department in performing its functions under this chapter and allocating such costs to the applicants for licensure at the time of filing.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B11","next_prefix":"D"},"14":{"id":224766,"text":"Any license application from an Indian tribe as described in subsection D of § 58.1-4107 shall certify that the material terms of the relevant development agreements between the Indian tribe and any development partner have been determined in the opinion of the Office of General Counsel of the National Indian Gaming Commission after review not to deprive the Indian tribe of the sole proprietor interest in the gaming operations for purposes of federal Indian gaming law.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"15":{"id":224767,"text":"Any application filed hereunder shall be verified by the oath or affirmation of the applicant. Any person who knowingly makes a false statement on an application is guilty of a Class 4 felony.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"16":{"id":224768,"text":"The licensed operator shall be the person primarily responsible for the gaming operations under its license and compliance of such operations with the provisions of this chapter.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"17":{"id":224769,"text":"The Department may use or rely on any application, supporting documentation, or information submitted pursuant to § 58.1-4032, in reviewing and verifying an application submitted pursuant to this chapter.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":15457,"edition_id":1,"name":"Licenses","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13502,"metadata":{},"date_created":"2026-06-26 03:55:10","date_modified":"2026-06-26 03:55:10","permalink":{"id":259431,"object_type":"structure","relational_id":15457,"identifier":"3","token":"58.1\/IV\/41\/3","url":"\/58.1\/IV\/41\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13502,"edition_id":1,"name":"Casino Gaming","identifier":"41","label":"chapter","depth":3,"order_by":1,"parent_id":13501,"metadata":{},"date_created":"2026-06-26 03:45:05","date_modified":"2026-06-26 03:45:05","permalink":{"id":259321,"object_type":"structure","relational_id":13502,"identifier":"41","token":"58.1\/IV\/41","url":"\/58.1\/IV\/41\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13501,"edition_id":1,"name":"Other Sources of State Revenue","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12703,"metadata":{},"date_created":"2026-06-26 03:45:05","date_modified":"2026-06-26 03:45:05","permalink":{"id":259073,"object_type":"structure","relational_id":13501,"identifier":"IV","token":"58.1\/IV","url":"\/58.1\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12703,"edition_id":1,"name":"Taxation","identifier":"58.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":251959,"object_type":"structure","relational_id":12703,"identifier":"58.1","token":"58.1","url":"\/58.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84263,"structure_id":15457,"section_number":"58.1-4108","catch_line":"Operator's license required; capital investment; equity interest; transferability; fee","url":"\/58.1-4108\/","token":"58.1\/IV\/41\/3\/58.1-4108","metadata":false},{"id":61549,"structure_id":15457,"section_number":"58.1-4109","catch_line":"Submission of preferred casino gaming operator by eligible host city; application for operator's license; penalty","url":"\/58.1-4109\/","token":"58.1\/IV\/41\/3\/58.1-4109","metadata":false},{"id":82281,"structure_id":15457,"section_number":"58.1-4110","catch_line":"Issuance of operator's license to preferred casino gaming operator; standards for licensure; temporary casino gaming allowed under certain conditions","url":"\/58.1-4110\/","token":"58.1\/IV\/41\/3\/58.1-4110","metadata":false},{"id":84997,"structure_id":15457,"section_number":"58.1-4111","catch_line":"Duration and form of operator's license; bond","url":"\/58.1-4111\/","token":"58.1\/IV\/41\/3\/58.1-4111","metadata":false},{"id":58877,"structure_id":15457,"section_number":"58.1-4112","catch_line":"Records to be kept; reports; reinvestment projection","url":"\/58.1-4112\/","token":"58.1\/IV\/41\/3\/58.1-4112","metadata":false},{"id":81491,"structure_id":15457,"section_number":"58.1-4113","catch_line":"Electronic accounting and reporting requirements; annual audit of licensed gaming operations","url":"\/58.1-4113\/","token":"58.1\/IV\/41\/3\/58.1-4113","metadata":false}],"previous_section":{"id":84263,"structure_id":15457,"section_number":"58.1-4108","catch_line":"Operator's license required; capital investment; equity interest; transferability; fee","url":"\/58.1-4108\/","token":"58.1\/IV\/41\/3\/58.1-4108","metadata":false},"next_section":{"id":82281,"structure_id":15457,"section_number":"58.1-4110","catch_line":"Issuance of operator's license to preferred casino gaming operator; standards for licensure; temporary casino gaming allowed under certain conditions","url":"\/58.1-4110\/","token":"58.1\/IV\/41\/3\/58.1-4110","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-4109\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 1197<\/a> and 1248<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":56740,"section_number":"58.1-4048","catch_line":"Gaming Regulatory Fund","order_by":null,"url":"\/58.1-4048\/"},{"id":84997,"section_number":"58.1-4111","catch_line":"Duration and form of operator's license; bond","order_by":null,"url":"\/58.1-4111\/"}],"refers_to":[{"id":67218,"section_number":"15.2-2200","catch_line":"Declaration of legislative intent","order_by":null,"url":"\/15.2-2200\/"},{"id":65884,"section_number":"2.2-1604","catch_line":"Definitions","order_by":null,"url":"\/2.2-1604\/"},{"id":79490,"section_number":"58.1-4032","catch_line":"Application for a sports betting permit; penalty","order_by":null,"url":"\/58.1-4032\/"},{"id":65707,"section_number":"58.1-4107","catch_line":"Eligible host city; certification of preferred casino gaming operator","order_by":null,"url":"\/58.1-4107\/"},{"id":55413,"section_number":"58.1-4123","catch_line":"Local referendum required","order_by":null,"url":"\/58.1-4123\/"},{"id":83157,"section_number":"58.1-4131","catch_line":"Federal law applicable","order_by":null,"url":"\/58.1-4131\/"}],"permalink":{"id":259437,"object_type":"law","relational_id":61549,"identifier":"58.1-4109","token":"58.1\/IV\/41\/3\/58.1-4109","url":"\/58.1-4109\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-4109\/","token":"58.1\/IV\/41\/3\/58.1-4109","dublin_core":{"Title":"Submission of preferred casino gaming operator by eligible host city; application for operator’s license; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-4109","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a majority of those voting in a referendum<\/span> held pursuant to § 58.1-4123<\/a> vote in the affirmative, the eligible host city<\/span> shall certify its preferred casino gaming operator<\/span><\/span> and submit such certification to the Department<\/span> within 30 days. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any preferred casino gaming operator<\/span><\/span> desiring to operate a casino gaming establishment<\/span> shall file with the Department<\/span> an application for an operator’s license. Such application shall be filed at the place prescribed by the Department<\/span> and shall be in such form and contain such information as prescribed by the Department<\/span>, including but not limited to the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The name and address of such person<\/span>; if a corporation, the state of its incorporation, the full name and address of each officer and director<\/span> thereof, and, if a foreign corporation, whether it is qualified to do business in the Commonwealth; if a partnership or joint venture, the name and address of each general partner thereof; if a limited liability company, the name and address of each manager thereof; or, if another entity<\/span>, the name and address of each person<\/span> performing duties similar to those of officers, directors<\/span>, and general partners; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The name and address of each principal<\/span> and of each person<\/span> who has contracted to become a principal<\/span> of the applicant, including providing management services with respect to any part of gaming operations<\/span>; the nature and cost of such principal<\/span>’s interest; and the name and address of each person<\/span> who has agreed to lend money to the applicant; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Such information as the Department<\/span> considers appropriate regarding the character, background, and responsibility of the applicant and the principals<\/span>, officers, and directors<\/span> of the applicant; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A description of the casino gaming establishment<\/span> in which such gaming operations<\/span> are to be conducted, the city where such casino gaming establishment<\/span> will be located, and the applicant’s capital investment plan for the site. The Board<\/span> shall require such information about a casino gaming establishment<\/span> and its location as it deems necessary and appropriate to determine whether it complies with the minimum standards provided in this chapter and whether gaming operations<\/span> at such location will be in furtherance of the purposes of this chapter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Such information relating to the financial responsibility of the applicant, including the applicant’s financing plan for the casino gaming establishment<\/span>, and the applicant’s ability to perform under its license as the Department<\/span> considers appropriate; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> If any of the facilities necessary for the conduct of gaming operations<\/span> are to be leased, the terms of such lease; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Evidence<\/span> of compliance by the applicant with the economic development and land use plans and design review criteria of the local governing body of the city in which the casino gaming establishment<\/span> is proposed to be located, including certification that the project complies with all applicable land use ordinances<\/span> pursuant to Chapter 22 (§ 15.2-2200<\/a> et seq.) of Title 15.2; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Such information necessary to enable the Department<\/span> to review the application based upon the best financial interests of the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Such information necessary to enable the Department<\/span> to authorize on-premises mobile casino gaming<\/span> pursuant to Article 11 (§ 58.1-4131<\/a> et seq.); <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Submission of the following: (i) a minority investment plan disclosing any equity<\/span> interest owned by a minority individual<\/span> or minority-owned business<\/span> or the applicant’s efforts to seek equity<\/span> investment from minority individuals<\/span> or minority-owned businesses and (ii) a plan for the participation of minority individuals<\/span> or minority-owned businesses in the applicant’s purchase of goods and services related to the casino gaming establishment<\/span>. As used in the subdivision, “minority individual<\/span>” and “minority-owned business<\/span>” mean the same as those terms are defined in § 2.2-1604<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Any other information that the Department<\/span> in its discretion considers appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A nonrefundable application fee of $50,000 shall be paid for each principal<\/span> at the time of filing to defray the costs associated with the background investigation conducted for the Department<\/span>. If the reasonable costs of the investigation exceed the application fee, the applicant shall pay the additional amount to the Department<\/span>. The Board<\/span> may establish regulations calculating the reasonable costs to the Department<\/span> in performing its functions under this chapter and allocating such costs to the applicants for licensure at the time of filing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any license application from an Indian tribe as described in subsection D of § 58.1-4107<\/a> shall certify that the material<\/span> terms of the relevant development agreements between the Indian tribe and any development partner have been determined in the opinion<\/span> of the Office of General Counsel<\/span> of the National Indian Gaming Commission after review not to deprive the Indian tribe of the sole proprietor interest in the gaming operations<\/span> for purposes of federal Indian gaming law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any application filed hereunder shall be verified by the oath<\/span> or affirmation of the applicant. Any person<\/span> who knowingly makes a false statement on an application is guilty of a Class 4 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The licensed operator shall be the person<\/span> primarily responsible for the gaming operations<\/span> under its license and compliance of such operations with the provisions of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Department<\/span> may use or rely on any application, supporting documentation, or information submitted pursuant to § 58.1-4032<\/a>, in reviewing and verifying an application submitted pursuant to this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUBMISSION OF PREFERRED CASINO GAMING OPERATOR BY ELIGIBLE HOST CITY;\nAPPLICATION FOR OPERATOR’S LICENSE; PENALTY (\u00a7 58.1-4109)\n\nA. If a majority of those voting in a referendum held pursuant to §\n58.1-4123 vote in the affirmative, the eligible host city shall certify its\npreferred casino gaming operator and submit such certification to the Department\nwithin 30 days.\n\nB. Any preferred casino gaming operator desiring to operate a casino gaming\nestablishment shall file with the Department an application for an\noperator’s license. Such application shall be filed at the place\nprescribed by the Department and shall be in such form and contain such\ninformation as prescribed by the Department, including but not limited to the\nfollowing:\n\n 1. The name and address of such person; if a corporation, the state of its\n incorporation, the full name and address of each officer and director thereof,\n and, if a foreign corporation, whether it is qualified to do business in the\n Commonwealth; if a partnership or joint venture, the name and address of each\n general partner thereof; if a limited liability company, the name and address\n of each manager thereof; or, if another entity, the name and address of each\n person performing duties similar to those of officers, directors, and general\n partners;\n\n 2. The name and address of each principal and of each person who has\n contracted to become a principal of the applicant, including providing\n management services with respect to any part of gaming operations; the nature\n and cost of such principal’s interest; and the name and address of each\n person who has agreed to lend money to the applicant;\n\n 3. Such information as the Department considers appropriate regarding the\n character, background, and responsibility of the applicant and the principals,\n officers, and directors of the applicant;\n\n 4. A description of the casino gaming establishment in which such gaming\n operations are to be conducted, the city where such casino gaming\n establishment will be located, and the applicant’s capital investment\n plan for the site. The Board shall require such information about a casino\n gaming establishment and its location as it deems necessary and appropriate to\n determine whether it complies with the minimum standards provided in this\n chapter and whether gaming operations at such location will be in furtherance\n of the purposes of this chapter;\n\n 5. Such information relating to the financial responsibility of the applicant,\n including the applicant’s financing plan for the casino gaming\n establishment, and the applicant’s ability to perform under its license\n as the Department considers appropriate;\n\n 6. If any of the facilities necessary for the conduct of gaming operations are\n to be leased, the terms of such lease;\n\n 7. Evidence of compliance by the applicant with the economic development and\n land use plans and design review criteria of the local governing body of the\n city in which the casino gaming establishment is proposed to be located,\n including certification that the project complies with all applicable land use\n ordinances pursuant to Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2;\n\n 8. Such information necessary to enable the Department to review the\n application based upon the best financial interests of the Commonwealth;\n\n 9. Such information necessary to enable the Department to authorize\n on-premises mobile casino gaming pursuant to Article 11 (§ 58.1-4131 et\n seq.);\n\n 10. Submission of the following: (i) a minority investment plan disclosing any\n equity interest owned by a minority individual or minority-owned business or\n the applicant’s efforts to seek equity investment from minority\n individuals or minority-owned businesses and (ii) a plan for the participation\n of minority individuals or minority-owned businesses in the applicant’s\n purchase of goods and services related to the casino gaming establishment. As\n used in the subdivision, “minority individual” and\n “minority-owned business” mean the same as those terms are defined\n in § 2.2-1604; and\n\n 11. Any other information that the Department in its discretion considers\n appropriate.\n\nC. A nonrefundable application fee of $50,000 shall be paid for each principal\nat the time of filing to defray the costs associated with the background\ninvestigation conducted for the Department. If the reasonable costs of the\ninvestigation exceed the application fee, the applicant shall pay the additional\namount to the Department. The Board may establish regulations calculating the\nreasonable costs to the Department in performing its functions under this\nchapter and allocating such costs to the applicants for licensure at the time of\nfiling.\n\nD. Any license application from an Indian tribe as described in subsection D of\n§ 58.1-4107 shall certify that the material terms of the relevant\ndevelopment agreements between the Indian tribe and any development partner have\nbeen determined in the opinion of the Office of General Counsel of the National\nIndian Gaming Commission after review not to deprive the Indian tribe of the\nsole proprietor interest in the gaming operations for purposes of federal Indian\ngaming law.\n\nE. Any application filed hereunder shall be verified by the oath or affirmation\nof the applicant. Any person who knowingly makes a false statement on an\napplication is guilty of a Class 4 felony.\n\nF. The licensed operator shall be the person primarily responsible for the\ngaming operations under its license and compliance of such operations with the\nprovisions of this chapter.\n\nG. The Department may use or rely on any application, supporting documentation,\nor information submitted pursuant to § 58.1-4032, in reviewing and\nverifying an application submitted pursuant to this chapter.\n\nHISTORY: 2020, cc. 1197, 1248; 2021, Sp. Sess. I, c. 7.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}